In response to presidential candidate Donald Trump’s recent proposals for immigration reform including ending birthright citizenship, Judge Andrew Napalitano clarified what Trump can and cannot do if he is elected president.
Trump told Chuck Todd on NBC’s Meet The Press that as president, he would nullify President Obama’s executive orders on immigration. Trump promised to deport illegal immigrants but allow a faster process for “the good ones” to return.
He also vowed to end birthright citizenship for American-born children of illegal immigrants. Birthright citizenship, Trump said, is the “biggest magnet” for illegal immigration. “What they’re doing, they’re having a baby. And then all of a sudden, nobody knows,” Trump said.
“We’re going to keep the families together, we have to keep the families together,” Trump declared. “But they have to go. They have to go.”
“We will work with them,” Trump said to Todd, who asked what might happen to the families who have nowhere to go.
Trump’s website outlines several more proposals including a nationwide e-verify, tripling the number of ICE officers and billing Mexico for the cost of building a U.S./Mexico border wall.
Napolitano agreed that Trump could rescind Obama’s executive order. “But what he can’t do is the impractical or the unconstitutional,” he added.
“Every person in the United States illegally, that a President Trump would want to deport, is entitled to a hearing and an appeal. That’s between 11 and 13 million hearings and appeals. The most the United States has ever conducted in a year- it’s a good number- is 250,000,” Napalitano said. “So do the math, you’re talking about a couple generations before all these hearings and appeals could be heard.” Napalitano noted that taxpayers would be footing the bill for every hearing and appeal.
Napolitano went on to dismiss Trump’s proposal to end birthright citizenship as unconstitutional. “He wants to deport children born here because their mothers were illegal. That’s prohibited by the Constitution,” he said. “The Constitution says, very clearly, whoever is born here- no matter the intent of the parents- is a citizen. A natural born citizen. He could not change that. Even if he were to change the Constitution, it wouldn’t affect people already born here, it would only affect people not yet born,” Napalitano said.
Napalitano also shared his perspective on the idea of building a wall between Mexico and the United States, and responded to the Hillary Clinton’s joke about Snapchat’s ability to automatically delete messages in light of the federal investigation of her emails. Watch below:
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